Advocate Aprajita Mishra

Questions Answered by Advocate Aprajita Mishra (25+ answers)

Q: Procedure to get custody of child in case wife mentally unstable

My son is my life.. my wife is very short tempered .. in anger she becomes very loud and abusive she even hits me and my son.. and in anger threatens to kill me.. to kill my son and to do suicide..due to this mental torture and insults I left my house with my son... me and my son are hiding from my wife.. as she is threatening to find me and will create a big scene and will take away the child...what can i do to secure my son custody with me.. I want to be separated from my wife..

Advocate Aprajita Mishra answered
First of all if this is the level of harassment and torture being meted by your wife, you should first file a complaint against her for same in nearest police station. This complaint will also be your defence in case she plans to take legal action against you. Then you can very well file a case for divorce on grounds of cruelty and custody of child.

Q: Can i file for divorce if wife staying separately and giving stress

If wife keeps on going on and off to her parents without husband's will and keeps the child away to not allow bonding by husband and in-laws. And out rightly refuses to live with in laws. Insulting in laws and asking them to leave when they are aged and unable to walk and stay alone. Making false allegations and even going to police at one occasion. She took all the valuables of her and mine we got during marriage. It is mental torture to live with her. can i get divorce on the above grounds? What evidences will be needed

Advocate Aprajita Mishra answered
Yes the incidents and instances you have quoted, qualify as grounds of mental cruelty being committed upon you by your wife and you can file divorce on these grounds. Evidences needed may be circumstantial as it is a matrimonial issue

Q: IS ARRESTING APPLICABLE IF 2 WIVES {EX,PRESENT}DONE FIR OF 498A

Dear Sir i want to know if a person doing marrige with any girl without inform about his first marrige and divorce although his first wife done fir on his on that time,on him and his family members for 498a etc,and same fir done by 2nd wife ,they threw out his second wife also in pregnancy's advance stage than what crpc or ipc are applicable in FIR ?CAN POLICE ARREST HIM OR HIS ANY FAMILY MEMBER ? after this can he file any application in court to meet that child ?

Advocate Aprajita Mishra answered
As I can understand your issue, second wife has lodged an FIR u/s 498A. However, even though your second marriage is valid or not, if the FIR is registered, u need to get bail as u anticipate arrest or accordingly create defence for yourself and your family members in order to avoid any arrest or penal action.

Q: Can a girl ask for maintenance if husbands files for divorce

legal question Respected sir/mam Meri shadi 2 saal pahle hui,shadi ke 1st day se Lekar poore Ek saal tak mere husband ne iss marriage jo consumate nahi kiya Jab Bhi pucha to hamesha taal dete the,Although he is physically fit ,last Ek saal se wo mujhe chordkar chale gaye so my marriage has never been conducted due to his willful refusal ... He wants divorce but I don't want now he is planning to file for divorce sir Kya main maintanence ke liye claim Kar sakti hoon.. Kisi ne mujhe bataya hai ki apki marriage consumate nahi hui to mujhe maintanence nahi milega lakin Aisa ku .. Sir mere sath bahut cruelty hui hai please mere legal right mujhe bataye ,,unhone soch samajh Kar intentionaly divorce ka ground khud ke liye ready kiya hai pls suggest me what should I do...

Advocate Aprajita Mishra answered
Of course you can claim maintenance being legally wedded wife and consummation of marriage does not matter here. If ur husband has filed divorce, u can file an application on that court itself to give you maintenance till court proceedings continue. Further you can also file a separate case for maintenance and also a case for domestic violence where you will be given maintenance, compensation, residence n protection